Principles for supporting public property leasing

Public property leasing principles provide a legal framework to ensure that state-owned assets are utilized for the correct purposes, efficiently, and transparently. Understanding these principles allows organizations and individuals to access support policies legally while minimizing risks during the leasing and usage process. Long Phan Consulting Company clarifies the core requirements for supporting the lease of state-owned houses and land under Decree 20/2026/NĐ-CP.

The principle of supporting the rental of houses and land is that these are public assets

The provision of support for leasing public houses and land must strictly adhere to the standards of fairness and transparency to protect state resources.

• Beneficiary Standards: Support policies must target the correct subjects, ensuring equity, public disclosure, and legal compliance.
  • Long Phan Consulting Company verifies whether an entity qualifies as a small and medium enterprise (SME) or an innovative startup.
  • Our experts analyze the local public asset categories permitted for lease according to Provincial People’s Committee decisions.
  • We assist in preparing dossiers that demonstrate the capacity and legitimate need for asset leasing.
• Selection Mechanisms: In cases where multiple enterprises apply for the same property, selection follows specific priority rules or public lotteries.
  • Consultants manage the registration process, identifying if a client qualifies as a priority subject under Decree 108/2024/NĐ-CP.
  • Long Phan monitors the public lottery process, ensuring it is witnessed by all applicants and properly recorded in a Minute of Selection.
  • We provide technical solutions for re-determining the lessee if the initial winner refuses the lease rights.
• Financial Management: Revenue from leasing public assets must be managed through the state budget or specialized financial mechanisms.
  • Our team audits lease payments to ensure they are handled according to Decree 286/2025/NĐ-CP.
  • Long Phan facilitates the documentation of all lease transactions in writing, as required by the Law on Real Estate Business 2023.
  • We ensure both the managing organization and the lessee fulfill all duties to prevent contract termination.

>>> See more: Non-Public Housing Conversion Procedure

Community oversight of public assets

Based on the provisions of Article 9 of the Law on Management and Use of Public Assets 2017, the regulations on community supervision of public assets are as follows:

Public assets are subject to oversight by the community and the Vietnam Fatherland Front to prevent mismanagement and waste.

• Supervision Content: The community monitors the implementation of laws regarding the construction, procurement, leasing, and liquidation of public property.
  • Long Phan Consulting Company provides analytical reports on the transparency of public asset disclosures.
  • We assist clients in identifying signs of violation through community monitoring activities.
  • Our experts facilitate the feedback process to competent state agencies regarding the exploitation of financial resources from public assets.
• Supervision Forms: Oversight is conducted through document review, inspection teams, and People’s Inspection Boards at the communal level.
  • Consultants guide the research of state documents related to the legitimate rights and interests of the people.
  • Long Phan represents clients in participating in joint supervision teams with authorized agencies.
  • We offer strategies for handling administrative issues identified during community audits.

Prohibited acts in the management and use of public assets

Article 10 of the Law on Management and Use of Public Assets 2017 defines strict prohibitions to prevent the misuse of state resources.

• Abuse of Power: Appropriating, holding, or illegally using public property through the abuse of position or authority is strictly forbidden.
  • Long Phan Consulting Company audits procurement and leasing activities to ensure they do not exceed statutory standards.
  • We identify cases where public assets are assigned to entities with no actual usage needs.
  • Our team ensures that donated assets, such as automobiles, are used according to the correct regimes and standards.
• Misuse and Waste: Using public assets for business, subleasing, or joint ventures inconsistent with their intended purpose is prohibited.
  • Consultants analyze the impact of unauthorized joint ventures on the performance of state-assigned tasks.
  • Long Phan provides legal protection against the destruction or intentional damage of public property.
  • We facilitate the reporting of wasteful practices or the failure to fulfill management responsibilities.

>>> See more: Procedure for Solving the Sale of Common Areas in Old State-Owned Houses

Long Phan Consulting Company provides consulting services on leasing public land and properties

Long Phan Consulting Company delivers comprehensive solutions for enterprises seeking to access state land and housing funds. Our team of specialists ensures that every stage of the transaction is risk-controlled and legally sound.

• Eligibility Assessment: We determine if your entity qualifies for support as an SME, supporting industry enterprise, or innovative startup.
  • Long Phan Consulting Company identifies innovative startups recognized under the Law on Science, Technology, and Innovation.
  • We provide revisions to application dossiers to match provincial leasing criteria.
  • Our experts offer specialized guidance on the “price listing” method versus public auctions.
• Dossier Preparation: We draft and represent clients in submitting lease registration documents.
  • Long Phan Consulting Company handles the preparation of capacity proof and technical usage plans for public assets.
  • We act as the authorized representative to work directly with local housing management organizations.
  • Our team manages the process of resolving obstacles during the physical handover of properties.
• Post-Leasing Compliance: We ensure the ongoing legal use of the leased public assets.
  • Consultants provide regular audits of usage purposes to avoid administrative penalties or contract suspension.
  • Long Phan Consulting Company assists in the legal management of lease payments and financial obligations.
  • We offer analytical strategies for responding to community supervision inquiries or state inspections.

Frequently Asked Questions About Public Property Leasing

Below are some frequently asked questions regarding assistance with renting public housing and land; please refer to them:

Which company receives top priority when multiple applications to lease the same public property are submitted?

The entities eligible for support in renting public land and properties are small and medium-sized enterprises, supporting industrial enterprises, and innovative enterprises. These innovative enterprises are recognized as innovative startups in accordance with the Law on Science, Technology and Innovation and its guiding documents.

(Legal basis: Clause 2, Article 6 of Decree 20/2026/ND-CP)

Which agency is directly responsible for managing and leasing public housing, land, and assets at the local level?

The leasing of houses and land is carried out through local organizations responsible for managing and operating housing. These organizations are tasked by the Government with managing, operating, and exploiting public assets. Leasing activities are conducted in accordance with the authorized powers and intended uses. The management and exploitation of public assets must comply with the provisions of the law.

(Legal basis: Clause 1, Article 6 of Decree 20/2026/ND-CP.)

How should the practice of listing rental prices for public assets be understood?

This is a method of leasing at prices approved and widely publicized by the competent authority, without auction, in order to directly support small and medium-sized enterprises (SMEs). This mechanism aims to facilitate businesses’ access to production and business premises. Through this, the State directly supports SMEs as stipulated.

(Legal basis: Point a, Clause 3, Article 6 of Decree 20/2026/ND-CP.)

Are businesses allowed to sublease public assets they have leased from the state?

The wasteful use or non-use of assigned public assets; the use of public assets for business purposes, leasing, joint ventures, or partnerships that are inconsistent with the asset’s intended use, affecting the performance of functions and tasks assigned by the State; and the illegal use of public assets for business purposes are among the prohibited acts in the management and use of public assets.

(Legal basis: Clause 5, Article 10 of the Law on Management and Use of Public Assets 2017.)

What behaviors are considered wasteful in the use of public assets?

The failure to utilize or the overuse of public assets without justifiable reason constitutes a violation of the law and is strictly prohibited. The use of public assets must be for the intended purpose, by the correct beneficiaries, and within the permitted scope. Violations will be dealt with according to the law.

(Legal basis: Clause 5, Article 10 of the Law on Management and Use of Public Assets 2017.)

What conditions must innovative businesses meet to receive support for leasing public assets?

The entity must be recognized as an innovative startup enterprise according to criteria stipulated by law. Recognition is based on the Law on Science, Technology and Innovation. Simultaneously, the enterprise must fully meet the conditions outlined in the implementing regulations. The determination of the status of an innovative startup enterprise is carried out according to legally prescribed procedures.

(Legal basis: Clause 2, Article 6 of Decree 20/2026/ND-CP.)

Does the lottery process to determine the tenant need to be documented in writing?

The housing management and business organization is responsible for preparing a record identifying the eligible tenants. This record must be prepared immediately after the completion of the public lottery process. The record serves as the basis for confirming the results of the tenant selection.

(Legal basis: Clause 5, Article 14 of Decree 108/2024/ND-CP.)

Conclusion

Strict adherence to the principles of public property leasing helps enterprises secure production premises and reduce operational costs. Professional support is essential to navigate the complexities of state asset management. Long Phan Consulting Company is ready to provide optimal legal solutions to protect your rights. Contact our hotline at 1900636389 or direct consultation.